APRIL 17, 1972
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
April 17, 1972 : ,
I . 6 :..
r.!:e regular meeting of the Council of the City of Virginia Beach, Virginia was
ld in the {!te.uncil Chambers in the Administration Building, in the Borough of
incess Anne, on Monday, April l7~ 1972, at 10:00 a.m.
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The invocation was given by ReV'erend Russell Siler, Emanuel Lutheran Church,
Virginia Beach, Virginia.
Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H. Rhodes.
:ouncilman absent: Floyd E. Waterfield, Jr.
ITEM #4467
)n motion by Councilman Dusch, seconded by Vice Mayor Tebault, and by recorded
V"ote as follows:
~yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H. Rhodes.
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"Is :
None
,__sent: Councilman Floyd E. Waterfield, Jr.
::ity Council approved the Minutes of the Special Meeting of 'April 6, 1972,
~nd the reading of said Minutes dispensed with inasmuch as. each Councilman
lad a copy of the subject Minutes before him.
ITEM #4468
)n motion by Councilman Dusch, seconded by Councilman Cromwell, and by recorded
'to te as follows:
\yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
)usch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Ea~l M. Tebault, and Mayor Donald H. Rhodes.
~ays : None
\bsent: Councilman Floyd E. Waterfield, Jr.
l:ity Council appro~ed the Minutes of the Regular Meeting of April 10, 1972,
and the reading of said Minutes dispensed with inasmuch as each Councilman
)'-'1 a copy of the subject Minutes before him.
ITEr-! #4469
0~ motion'by Councilman Holland, seconded by Councilman Malbon, and by recordcc~
\. ,::>te as follows:
/c,yes: Councilmen Robert H. Call is, Jr., Robert B. Cromwe 11, Jr., Frank A.
lusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
I albon, J. Curtis Payne, Vice Mayor Earl M. Tepault, and Mayor Donald.H.
tlodes.
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ays: None
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bsent: Councilman Floyd E. Waterfield"Jr.
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,:ity Council approved on second reading an appropriation in the amount of
~7~12l. to cover the City's share of the operation of the Tenpin Police
:nformation'Systems for the calendar year 1972 and approval of the applica-
:ion for Federal funds by the Southeastern Virginia Planning District
:OInmission.
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ITEM #4470
.
)n motion by Councilman Malbon, seconded by Councilman Dusch, and by recorded.
rote as follows:
!fl'"
}s: Councilmen Robert H. Callis, Jr.,
;ch, f. Reid Ervin, George R. Ferrell,
'1~:Lbon, J. Curtis Payne, Vice Mayor Earl
Rhodes.
Robe,rt B. Cromwell, Jr., Frank A.
Clarence A. Holland, D. Murray
M. Tebault, and Mayor Donald H.
:~ays : None.
~ilisent: Councilman Floyd E. Waterfield, Jr.
~ity Council approved on second reading the low bid of Ford Pile Foundation,
:nc. in the amount of $66,074. for the construction of a bulkhead and riprap,
LS specified by the Department of Community Services on property owned by the
:B~I Company between 2nd and 3rd Streets, Oceanfront, subject to receiving a
letter pf commitment ln the amount of $70,000. from the Virginia National Bank
)n behalf of the CBM Company to cover the am~unt of the bid and any contingencie
~hat might arise, not in excess of $70,000. Repayment to the CBM C~mpany by
:he City of Virginia Beach is contingent upon the sale of General Obligation
~onds in which repayment has been scheduled in the amount of $50,78l.25; this
Lmount being based upon the cost-per lineal foot of constructing bulkheads.
ITEM #447l
)n motion by Councilman Callis, seconded by Councilman Ferrell, and by recorded
"-':e as follows:
~ ~s: Councilmen Robert H. Ca~lis, Jr., Frank A. Dusch, George R. Ferrell,
:larence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M.
~ebault; and Mayor Donald H. Rhodes.
lays: Councilmen Robert B. Cromwell, Jr. and F. Reid Ervin.
ilisent: Councilman Floyd E. Waterfield, Jr.
:ity Council elected to reconsider the application of White Way Laundry, .Inc.,
'y Nick Cohen, for a Use Permit to construct 7 townhouses in the Virginia Beach
lorough, which was previously referred back to the Planning Commission on
lpril lO, 1972 (Item #4394).
ITEM #4472
A ppli cati on o'f' }~h1 te !-!uY taundry t rnc. t for ~ lJse r:~ri-iit to construct 7 to\-,'ll-
huuses and 6 j1partme:'lt5, totJ 1 i rll"J 13 ur.i t~ r.n r.:c~iti-fnrro;>ertf 1 oc(!t~d :'It th~
llorth\J~st ccr:E~r of :;,;th Stiect and F.rctic t.'/'..:r1'JC?, rwmina a dist;:;;lCC of l~O
feet alollq the I'!est side of Arctic i\vcnuc, runnir.r:r a distance of leD feet alonq
the ilorth s'ld~ of 34th Street, running a dist~nce of 1,~Q fC0.t alon,? the !!estet'n
property line and rU!1!finQ a distc\ncc of lW) f~t;t.alonq the i:orthcrn nro;:,erty
line. Said property c0ntains l~,(jGO square fect'. VIRGli!IA BEACH B01~QL:GlI.
The Planning COr.r.J,is;icn rccol:ffi.cmds anpl40val of ~hi-s request subject to a ~od1-
f1cation to (\110'.1 a total of 7 "to',:Tihouses r.:.th~r th::m tll,:: 7 tmmhouses ~nd 6
apartl11ent units requested. P,p'::>t'ova1 further sU(1'lests nJrtiCination in scl1001
site acquisition and the: Health [)(~:->Jr.t!-:2nt rr.:!dr2S Citv \':Jtcr and sn:cr. The
Enginccrinq Division l'c,;uir2s stQrldal'd sit~ Dl.:in r(Yluir~:i~;~nts 'und includes
ri0ht of \JaY ;;;''!')rovc;-,;''?:1ts for i\rctic i~venue u;1d 34th Str:.:~t to include nltvcment
uidcninq to 18 feet free,! the c2ntor hi1e, co;v:n::t~ curb B.d 9utters and' 4'-0"
\':albmy. Tr.:? t\:2nty-foot alley \'!i11 1'c;r.uir0 iL':lj'c'/cne:1ts to inc1uGp. C1. ~-foot
paved section (fro:1 ri~:llt of \/'J.V centm' lin::) 0;~d a concrete c;ul'b. PJt'~ing
spaces ore rcqui t'ed to ~l'ovi d2 20'0 S(jUi:J.i'~~ fc.~t of on -$ it~ Jr'2J (\nd sl;ou'l d be
or; entcd ~o tl.S to di SC0IJr(:(1C vcll'i ci C5 'frol'l b;c:cki nc; i nto th~ Dub 1 i c ri !iht of \'/:),y
(3H.il Street). ,The Recrc:ation D0parti'~nt rcc~;!;J':i)ds open spat:c for tile rcsidrnts
be included.
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Or motion by Councilman Dusch, seconded by Cbuncilman Callis, and by recorded
vc ':e as follows:
A} ~s: Councilmen Robert H. Callis, Jr., Frank A. Dusch, George R. Ferrell,
C] irence A. Holland, D. Murray Malbon, J. Curtis Payne', Vice Mayor Earl M.
Tt lault, and Mayor Donald H. Rhodes.
Na ,'S : Councilmen Robert B. Cromwell, Jr. and F. Reid Ervin.
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A~ ;ent: Councilman Floyd E. Waterfield, Jr.
Cj :y Council approved the application of White Way Laundry, Inc., as modified,
fc: tI.....l Use Perm~.t to Construct 7 townhouses in addition to the existing house.
OIl le subject ~operty which will remain a single family residence, totaling ..
ei (8) units on the site located at the Northwest corner of 34th Street and
Artie Avenue, running a distance of l40 feet along the West side of Arctic
Av~nl)e, running a distance of 100 feet along the North side of 34th Street,
ru.ning a distance of 140 feet al6ng the Western property line and running a
di ,tance of 100 feet along the Northern property line; said property contains
14 000 square feet, Virginia Beach Borough; subject to participation in the
sciiool site acquisition formula as requested by the School Board; subject'to
C~'y water and sewer as requested by the Health Department; subject to standard
Sle plan requirements which include pavement widening to 18 feet from the
ce ter line, concrete curb and gutters and 4'-0" walkway; subject to improve-
m~ ts to the twenty-foot alley, which include a 9-foot paved section (from
Tl ht of way center line) and a concrete curb; subject to the requirement that
th . parking spaces provide 200 square feet of on-site area and be oriented so
as to discourage vehicles from backing into the public right of way (34th
St cet); and further subject to Recreation Department's recommendation that
op n space for the residents be included.
ITEM #4473
:ass Brothers purchased property lying east of the ESSO station at the
.ntersection of South Birdneck Road and Laskin Road for the purpose of
ustablishing a seafood restaurant. Of the property purchased, only the
'-'>TIt pracel was zoned commercial. Fass Brothers proceeded to make an
)lication .for a change of zoning of the back parcel ~nd were erroneously
.H~~ormed by personnel of a ci ty department that they dId not need to apply
:or a change of zoning. Now they have ~is~overed that they do need.a change
If zoning in an effort to locate the bUIldIn? f~rt~er back on the s!te and
)rovide the adjacent parking in front of thevbuIldIng.
)n motion by Councilman Cromwell, seconded by Councilman Dusch, and by recordei
rote as follows:
'1 R b t H C 11 J Robert B. Cromwell, Jr., Frank A.
~yes : CounCI men 0 er . a is , r.,
)w;ch, F. R,eid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
ialbon, J. Curtis Payne, Vice May~r Earl M. Tebault, and Mayor Donald H.
lliodes.
~ays : None
~bsenL: Councilman Floyd E. Waterfield, Jr.
:ity Council approved, due to a hard~hip ca~sed by an admini~tra~ive error,
in exception to the existing moratorIum, WhIch susp~n~~ applIcatIons for
zoning changes for a period.of four (4~ mo~ths, begInnIng May l, ~972, by
allowing Fass Brothers to fIle an app~IcatIon.fo: a Change of ZonIng to be
heard at the May meeting of the PlannIng CommIssIon.
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ITEM #4474
M,ayor Rhodes indicated that briefings have been scheduled. wi th . five (5).
companies to discuss proposals for a cost benefit study wIth CIty CouncIl.
ITEM #4475
City Council was reminded of their meeting scheduled for April.24, 1972,
with the City Tax Assessor, Mr. Clyde Merritt and Mr. Harold WIngate,
Wingate Appraisal Firm.
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ITEM #4476
City Council indicated their desire to consider the bids on commercial dredge
for the purpose of sand replenishment on the public beaches and alleviation
of beach erosion at the Special Meeting, in addition to the public hearing on
the proposed 1972-73 operating budget for the City of Virginia Beach, to be
held on April 20, 1972 at 7:30 p.m.; and directed the City Clerk, Mr. Richard
Ivebbon to give due notice to all city councilmen and the press regarding the
above scheduled discussion.
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ITEM #4477
Application of Donald Reid by Owen.B. Pi~kett!, Att?rney, fo~ ayse Perm~t to
operate an automobile repair shop 1n conJunct1on w1th an eX1st1ng gaS?11ne
supp1~tation and car wash on certain property located on the Hest ~lde ?f
Independence Boulevard beginning at a point 106.53 feet Nort~ of Tu11p Drlve,
running a distance of 240 feet more or less along the West slde of Inde~endence
Boulevard, running a distan~e of 142 feet along the Norther~ property l~ne,
running a distance of 206 feet along the Hestern property 11ne and runnlng a
distance of 123 feet along the Southern progerty line. (Lakeview Park Area).
BAYSIDE BOROUGH. .
The Planning Commission recommends denial of this application o'tJing to the
opposition from adjacent property owners which was voiced at the Planning
Commission Public Hearing.
Mr. Owen Pickett appeared on behalf of the applicant.
Mr. W. L. Ansell, Attorney, representing Mr. Michael Cole and Mr. Bruce
Taylor, appeared in opposition to tre above application.
On motion by Councilman Holland, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor
Earl M. Tebault, and Mayor Donald H. Rhodes.
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ys: None
Absent: Councilman Floyd E. Waterfield, Jr.
Abstain: Councilman Robert B. Cromwell, Jr~
City Council approved the application of Donald Reid for a Use Permit to
operate a gasoline supply station with two bays on certain property located
on the West side of Independence Boulevard beginning at a point 106.53 feet
North of Tulip Drive, (Lakeview Park Area) Bayside Borough.
ITEM #4478
~ppl1cation of James E. Baylor for a Chanae of Zoning from Residence Suburban
District 4 (R-S 4) to Multiple Family Residence District (R-M) and a Use
Permit to construct 20 apartment units on certain property beginning at a
point 100 feet North of Brigadoon Drive (formerly Larue Drive), running a
distance of 100 feet along the \-lest side of Pleasure House Road, running a
distance of 435.61 feet along the Southern property line, running a distance
of 40 feet along the Western property line and running a d)stance of 453 feet
more or less along the Northern property line. Said property contains 0.85
acres. (Chesapeake Beach Area). BAYSIDE BOROUGH.
The Planning Commission recommends denial of this application as the requested
density does not conform with the Bayfront Development Plan. Opposition from
the residents of the area was presented and considered by the Planning
Conmission.
r. Reid Spencer appeared on behalf of the applicant requesting a deferral
ntil May 15, 1972.
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· r~ Vernard F. Wagner, representing Chesepeake Beach Civic League, appeared
n opposition to the above application. 6
I. n motion by Councilman Dusch, seconded by Councilman Cromwell, and by recorded
'ote as follows:
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~"es: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
D .sch, F. Reid Ervin,' George R. Ferrell, Clarence A. Holland, D. Murray
M Ibon, J. Gurtis Payne) Vice Mayor Earl M. Tebault) and Mayor Donald H.
R' odes. .
N;ys: None
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AI' sent: Councilman Floyd E. Waterfield, Jr.
:itv C6uncil deferred until May 15, 1972, the above application of James E.
Ba ."""'n for a C~ge of Zoning from Residence Suburban District 4 (R-S 4) to
~~ Lple Family Residence District (R-M) and a Use Permit to construct 20
ap~.tment units on certain property beginning at a point 100 feet North of
BrLgadoon Drive (formerly Larue Drive), (Chesapeake Beach Area) Bayside
BCl r'ough. .
ITEM #4479
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Application of Residential-Commercial Investors, Inc., Bailey Parker Construc-
tion, Corporation and Charles O. Harper for a Chanoe of Zoning from Residence
Suburban District 4 (R-S 4) to Limited Commercial Oistrict 3 (C~L 3) on certain
,property located on the Southwest corner of Shore Drive and South Oliver Drive,
running a distance of 237 feet more or less along the South side of Shore
Drive, running a distance of 300.47 feet along the West side of South Oliver
Drive, running a distance of 258 feet more or less along the Southern property
line and running a distance of 268.60 feet along the Western property line.
Said parcel is kno\~ as Lots 17, 18 and 19, Part of Bradford Terrace, Section
No.2. (Bradford Terrace Area). BAYSIDE BOROUGH.
The Planning Commission recommends approval of this request subject to a dedica-
tion of right of way 80 feet from the center line of the existing lOO-foot right
of way along the 237-foot more or less frontage on Shore Drive (30-foot dedication)
requested by the Real Estate Division. Approval is further subject to standard
._~ite plan requirements when the site is developed that shall include a l2-foot
,avement widening along Shore Drive and a widening and construction of curb and
utter on South Oliver Drive as required by Engineering Division. The Health
, vepartment requi res City \'/ater and se\'/er. The Soil Conservati on Offi ce reports
that approximately 100 feet of the western portion of lot 19 (northernmost lot)
is a lIslt/ampyll natural drainageway; less on lots 17 'and 18. East of this area
.are some narro\'1 sloping areas that are very erodible and nOvl protected by trees.
These slopes should be kept vegetated or protected during construction to prevent
siltation of the natural drainageway which is a part of Norfolk City Watershed
leading into Lake Bradford.
Mr. Edward L. Jordan appeared on behalf of the applicants.
N . appeared 1'n opposition to the above application.
Mrs. Barbara utt1ng
On. motion by Councilman Holland, seconded by ,Councilman Cromwell, and by
iecorded vote as follows: J
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Nays:
Councilmen Robert H. Callis, Jr.", Robert"B. Cromwell, Jr., Frank~.
George R. Ferrell, Clarence A. Hollana."D. Murray Malbon, J: Curt1s
Vice Mayor Earl M. Tebault, and Mayor Donald ~. Rhodes.
Councilman F. Reid Ervin.
Ayes:
Dusch,
Payne,
~.h,'5ent: Councilman Floyd E. Waterfield, Jr.
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:ity Council approved the above application of Residential-Commercial
Investors, Inc., Bailey Parker Construction Corporation and Charles O. Harpn:
for a Change of Zoning from Residence Suburban District 4 (R-S 4) to LimiteG
Commercial District 3 (C-L 3) on certain property located on the Southwest
corner of Shore Drive and South Oliver Drive, said parcel is known as Lots
17, 18 and 19, Part of Bradford Terrace, Section No.2 (Bradford Terrace Area]
Bayside Borough; subject to a dedication of right of way 80 feet from the
center line of the existing lOO-foot rlght of way along the 237-foot more or
less frontage on Shore Drive (30-foot dedication) as requested by the Real
Estate Division; subject to standard site plan requirements when the site is
4~veloped that shall include a l2-foot pavement widening along Shore Drive
d a widening and construction of curb and gutter on South Oliver Drive as
quired by the Engineering Division; subject to City water and sewer as
.l.cquired by the Health Department. The Soil Conservation Office reports
that approximately lOO feet of the western poition of Lot 19 (northernmost
lot) is a "swampy" natural dra:i.nageway; less on Lots 17 and 18. East of
this area are some narrow sloping areas that are very erodible and now pro-
tected by trees. Therefore, approval of the above application was further
subject to these slopes being kept vegetated or protected during constructioll
to prevent siltation of the natural drainageway which is a part of Norfolk
City Watershed leading into Lake Bradford.
ITEM #4480
Application of D. l. Garcia Enterprise for a Chan~ of Zonin~ from Residence
Suburban District 4 (R-S 4) to Limited Commercial District 3 (C-L 3) on certain
property begi nni ng at a poi nt 922.34 feet Eas t of Fair r"eadm./s Road, runni ng
a distance of 160.45 feet along the South side of Virginia Beach Boulevard,
running a distance of 527.34 feet along the Eastern property line, running a
distance of 129.02 feet along the Southern property line, and running a distance
of 562.83 feet along the Hestern property line. Said parcel contains 1.66
'cres. (Fair Meadows Estates Area).' BAYSIDE BOROUGH.
~. Planning Commission recommends denial of this application as the proposed
, ~ " , of zoning does not conform with the Bayside Development Plan which prop~ses
, ,~~(~~- 'perty remain residential and since the use to be made of this property
".) '1." lear, the residents of the area should be apprised of the use before
7
"". . '0 be recommended.
. he City Clerk indicated that his office had received a call from a Mrs.
arol Young on behalf of Mr. Raiford requesting that the above application
· e deferred one week.
r. Grover Wright, Attorney, representing ~r. and Mrs. Raiford, present owneY~;
f the ~roperty describe~ in. the above appl ica tion, appeared before City Calli",
equestlng that the appllcatlon be deferred fqr one week as the applicant, :.1: .
arcia is out of town and to allow Mr. Wright, on behalf of his clients to
eet with the civic league opposing the request for a change of zoning.'
-'
r. Richard Ri ley', representing the Davi s Corner Civic League, concurred wi tII
he :equ~sted_deferral to. allow the opposition an opportunity to discuss the
ppllcatlon wlth the appllcant and subject property owners.
n motion by Councilman Dusch, seconded by Councilman ,Cromwell, and by recor,! :;,
ot e as follows:
<\~s: Counc~lmen ~obert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
n ch, F. Reld Ervl.n, George R. Ferrell, Clarence A. Holland, D. Murray
l,~ bon, J. Curtis Payne, Vice Mayor Earl M. Tebaul t, and Mayor Donald H.
HJ'~~ de s .
",ays: None
bsent: Councilman Floyd E. Waterfield, Jr.
ity Council deferred for one (1) week the above application of, D. L. Garci3
r:nte:p:ise for a C~ange.of ~oning from Residence Suburban District 4 (R-S 4)
to.Ll.ml.ted CommerCIal Dlstrl~t 3 (C-L 3) on certain property beginning at a
',olnt 922.34 feet East of Falr Meadows Road, (Fair Meadows Estates Area)
;:,ays ide Borough.
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ITEM #4481.
Application of Pembroke r'1anor United Church of Christ and Pembroke Hanor
Civic League for a Use Permit to operate a park and recreational area on
certain property located on the Northeast corner of Independence Boulevard and
Hinsdale Street, running a distance of 213 feet more or less alonq the East
side of Independence Boulevard, running a distance of 277 feet more or less
along the North side of Hinsdale Street and running a distance of 175 feet
more or less along the Eastern property lin~ and running a distance of 225
feet more or less along the Northern property line. Said property contains
one acre more or less. (Pembroke Manor Area). BAYSIDE BOROUGH.
The Planning Commission recommends approval of this request subject to City
water and sewer required by the Health Department. The Enqineering Division
requires that no ingress or egress be allowed on Independence Boulevard and that
the proposed parking and entrances to the recreation area be shown on the site
plan when submitted for approval of construction of any improvements.
- j..
Mr. Tracy Floyd, Jr. appeared on behalf of the applicant.
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr.,
Dusch, F. Reid Ervin, George R. Ferrell,
Malbon, J. Curtis Payne, Vice Mayor Earl
Rhodes. I
Robert B. Cromwell, Jr., Frank A.
Clarence A. Holland, D..Murray
M. Tebault, and Mayor Donald H.
o
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of Pembroke Manor United Church of
Christ and Pembroke Manor Civic League for aUse Permit to operate a park and
recreational area on .certain property lo~ated on the Northeast corner of
Independence Boulevard and Hinsdale Street, (Pembroke Manor Area) Bayside
Jiorough; sub j ect to Ci ty water and sewer 'as required by the Heal th Department.
,bject to the requirement of the Engineering Division that no ingress or egrcs:
: allowed on Independence Boulevard and that the proposed parking and entrance:
LU the recreation area be shown on the site plan when submitted for approval
of construction of any improvements.
ITEM #4482
Application of Martus, Incorporated for a Use Permit for a non-profit ins~itu-
tion (private) on certain property located at the northeast corner of LOUlse
Avenue and Indiana Avenue, running a distance of 200 feet along th~ ilorth si~e
of Indiana Avenue, running a distance of 125 feet along the East slde of LOUlse
Avenue running a distance of 200 feet along the Northern property line and
runnin~ a distance of 125 feet along the Eastern property line. Said property
contains 25,000 square feet. (Oceana Gardens Area). LYNNHAVEN BOROUGH.
The Planning Commission recommends denial of this request due to the strenuous
opposition of the residents of the affected area.
'1 h f letter from the applicant requesting withdrawal
City CounC1as a copy 0 a
of the above application.
Dr. William R. Swan appeared on behalf of the applicant requesting withdrawal
.....<- the above application.
. Elmer Meeks, president of Oceana Civic League, appeared in. opposition to
~he above application and in opposition to the request for a w1thdrawal.
On motion by Councilman Malbon, seconded by Vice Mayor Tebault" and by recorded
vote as follows:
Ayes: Councilmen Robert H. Cal~is, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray r-.lalbol
J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
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City Council denied the above application of Martus, I~corporated f~r a Use
Permit for a non-profit institution (private) on certaIn property locate~t
TIle Northeast corner of Louise Avenue and Indiana Avenue, (Oceana Gardens Area
Lynnhaven Borough, due to the strenuous opposition of the residents of the
affected area.
. ITEM,#4483 ~
. Application of Midtown Development Corporation by Peter W. Martone for al Chanr.~
of Zoning from Residence Suburban District 3 (R:S 3) to Limited Commercial
Dfstrict 3 (C-L 3) and from L1mited Commercial District 1 (C-L 1) to General
Commercial District 3 (C-G 3) and a Use Permit for tires, batteries and
accessories sales and service: ~
Parcell: Change of zoning from. R-S 3 to C-L 3: Beginning at a point 605
feet more or less West of First Colonial Road, running a distance of 51.50 feet
along the South side of Lask,n Road, running a distance of 185 feet more or
less along the Eastern property line, running a distance of 51.50 feet alonq
the Southern property line and running a distance of 185 feet more or less
along the Western property line. '
Parcel 2: Change of zoning from C-L 1 to C-G 3 and a Use Permit for tires,
batteries, and accessories sales and service: Beginning at a point 350 feet
more or less South of Laskin Road, and 1825 feet more or less West of First Colo~ial
Road, running a distance of 60 feet along the Eastern property line, running
a distance of 75 feet along the Northern property line, running a distance of
60 feet along the Western property line and running a distance of 75 feet
along the Southern property 11 ne . (Hill top Area). L YflNHA VEN BOROUGH.
The Planning Commission recommends approval of this request subject to standard
site plan requirements. The proposed private drive from First Colonial Road to
the Shopping complex (70-foot width, approximately 500 feet 1n length) shall
require a ~lat of record providing for a dedication of public right of \'lay to the
City of Virginia Beach fo~ road purposes; recordation of said plat shall be a
stipulation of approval of this application ,as required by the Engineering
Division.
Mr. Peter W. Martone, appeared on behalf of the applicant.
On motion by Councilman Ervin, seconded by Councilman Malbon, and by recor2e~
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A,
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H.
Rhodes.
'1
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ITEM #4484
Application of ~'urphy's Emerald Isle Mot~l for a Use Penn1t to construct 44 .
additional motel efficiency units on certain property located on the Northeast
corner of Tenth Street and Pacific Avenue, running a distance of 140 feet along
the East side of Pacific Avenue, running a distance of 100 feet along the North
side of Tenth Street, running a distance of 140 feet along the Eastern property
line and runninq a distance of 100 feet along the Northern property line. Said
property contains 14,000 square feet. VIRGINIA BEACH BOROUGH.
The Planning Commission recommends approval of this request subject to standard
site plan requirements to include standard Virginia Department of Highway lOB
entrances and concrete curb and gutter on Pacific Avenue and 10th Street, the
One-way entrance from Pacific Avenue shall provide a minimum width of 20 feet;
parking spaces shall provide a full 200 square feet (lO-feet by 20-feet), and
curbing 2.5 feet from the property line around all parking areas and along the
right of way for Pacific Avenue 1s required by the Engineering Division. The
'Health Department requires City water and sewer.
Mr. Murphy appeared on behalf of his own application.
On motion by Councilman Dusch, seconded by ~ouncilman Callis, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R.. Ferrell, Clarence A. tIolland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H.
Rhodes.
Nays: None
'''''')sent: Councilman Floyd E. Wa terfie ld, Jr.
ity Council approved the above application of Murphy's Emeral Isle Motel
for a Use Permit to construct 44 additional motel efficiency units on cer-
tain property located on the Northeast corner of Tenth Street and Pacific
Ave~ue, Virginia Beac~ B?r?ugh, subject to standard site plan requirements
to lnclude standard Vlrglnla Department of Highway lOB entrances and concrete
curb and gutter on Pacific Avenue and lOth Street; subject to the one-way
entrance from Pacific Avenue providing a minimum width of 15 feet; subject
to ~he parking :paces providing a full 200 square feet (lO-feet by 20-feet);
subJect to curblng 2.5 feet from the property line around all parking areas
a~d.a~ong the right of way for Pacific Av~nue as required by the Engineering
Dlvls10n; and further subject to City water and sewer as required by the
Health Department.
. ITEM #4485
On motion by Councilman Ervin, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A;
Dusch,'F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
~a.lbon) J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H.
odes.
H~"YS : None
Absent: Councilman Floy~ E. Waterfield, Jr.
City Council approved on second reading -the following Ordinance to amend and
rcordain Section 29-3 of the City Code establishing fees for sewer connections:
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AN ORDINANC~ TO A.\IEND AND
RE-ORDAIN SECTION 29-3 OF
. TIlE CODE OF THE CITY OF VIRGINIA
BEACH, ESTABLISHING FEES FOR
SEWER CONNECTIONS.
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
. That Section 29-3 of the Code of the City of Virginia Beach is amended
- and re-ordained to read as follows:
The following sewer connection and installation fees shall be paid:
(a) Connection to a city sewer line (tap fee):
4" tap
6" tap
Tap in excess of 6"
$80.00
100.00
Cost of labor and
materials plus 15%
of such cost
(b) Property owners share of line installation cost for line
installed after January 1,1963, .by city (line fee):
,-
(1) Single-family resid~nce
first 100' of frontage or portion thereof $575.00
each foot of frontage in excess of 100' 7.15
(2) Apartments, per unit
175.00
(3) Trailers, per space
175.00
(4) , Motels and hotels, per room
(5) Nursing and convalescent homes, per room
(calculated at 2 beds = 1 room)
125.00
125.00
(6) Professional and office buildings,
per office
125.00
(This fce shall apply where individual professional
offices (doctors, dentists, lawyers, etc.) are specifically
delineated. Otherwise, where office space is not so divided
into specific professional offices, including banks and other
office areas, the fee shall be $125.00 per 600 square feet
of building area.) .
I""'"
(7) Retail stores and shopping centers, per
square foot of floor space
08f
(8) Industrial manufacturing, wholesale and
distribution facilities domestic use fee
per square foot of floor space 08f
Warehouse space or other related facilities
where square footage per employee exceeds
400 square [eet ratio domestic use fee to be
based on $200 per four cmployees1 provided that the minimum
fee shall be $200.
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(c) property owners share of line installation cost when sew~r
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by private parties and in part by the city, or
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to January 1, 1963~ (line fee):
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lines are installed in part
j
by the city or county prior
(1) Single-family residences, each $150.00
(2) Apartments, per unit 100.00
(3) Trailers, per space 100.00
(4) 'Motels and hotels, per room 75.00
(5) Nursing and convalescent homes, per'
room (calculated at 2 beds = 1 room) 75.00
(6) Professional and office buildings,
per office, or per 600 square feet,
as described in (b)-(6) 75.00
(7) Retail stores and shopping centers
per square foot of floor space 03~
(8) Industrial manufacturing, wholesale
and distribution facilities domestic
use fee per square foot of floor space 03~
Warehouse space or other related facil-
ities where square footage per employee
exceeds 400 square feet ratio domestic use
fee t~ be based on ~SO per four employees; provided that the
minimum fee shall be $200.
(d) Special sewer line fee for seasonally operated camp site parks
connected to any main or interceptor:
Per c~p space
$73.33
Provided that to obtain such fee, the owner shall enter into
a contract \<lith the city providing that at such future time that the camp park
is converted to year-round use, fees specified in (b)-(3) or (c)-(3) shall
become applicable and the o~mer will pay difference in such fees at time of
conversion to year-round use.
(e) Special sewer line fee for industrial users of process water
when connected to any main or interceptor:
......
Where process water is used, the line fee for the total
..
water use, both process and domestic, shall be based on the ~ollowing schedul e,
except that it shall not be less than providcd undcr (1)) - (8) or (c) - (8), \<lhich-
ever may be applicable.
o to 20,000 gallons per day = $150 pcr 400 gal.
20,001 to 25,000 gal/day = 30~/gal.
25,001 to 50,000 gal/Jay = 22.5~/gal.
50,001 to 75,000 gal/day = 11~/gal.
Allover 75,000 gal/Jay = 4~/gal.
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In order to obtain this speci~l rate, the owner shall par. ..
original fee based on the estimated flow for .the first year and shall cnt t r
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into a contract with the city wherein the owner shall agree to pay fees. ie,'
add~onal flows not previously p~id for as determined by annual average ;:, ~ '... red
f1 ow .
.
(f) In cases of complexes of buildings, and in cases not spccl:::~lly
provided hereinabove~ line fees s~all, where feasible, be determined bytL~
equivalent number of residences at 400 gal/day and four persons each and j j,
accord with (b)-(l) and (c)-(l) as the case may be. Where such determinatl~a
is not feasible, the rate shall be determined by the Director of Community '::-:rvic<~s
and approved by City Council. In no case shall any line fee be less than t:~~:.t
for one single-family residence.
(g) No building permit slw.l1 be issued nor shall any water or ;:;",,~r
tap be installed for any property until fees provided for in this section 5>,:<11
have been paid.
(h) In the case of existing contract agreements between owners ;i"J
the city regardirig fees and waiver of fees, such agreements shall remain ii,
effect.
An errergency exists and
this ordinance shall be in full force and effect April 17
1 t~7!
, ......'. -.
First Reading: April 10, 1972
Sec,ond Reading: April 17, 1972
Adopted by the Couhcil of the City of Virginia Beach on the 17 tn llL",' (1 f
April
, 1 97 2 .
ITEM #4486
,.....'.<
On motion by Councilman Ervin, seconded by Vice Mayor Tebault, and by rccoldE
vote as follows:
Ayes:
Dusch,
Malbon,
Rhodes.
Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Fr:l11k .\,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. 01urr:1\'
J. Curtis Payne, Vice Mayor Earl. M. Tebaul t, and Mayor Dona 1,: ::.
Nays:
Absent:
None
Councilman Floyd E. Waterfield, Jr.
City Council approved on second reading the following Ordinance to :1:' .1 :Ilhl
reordain Sectjon 37-l of the City Code establishing fees for water ~.; '" t !~\
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AN ORD I NANCE TO AMEND AND RE-ORDAIN
SECTION 37-1; OF THE CODE OF VIRGINIA
BEACH: ESTABLISHING FEES FOR WATER
CONNECT IONS. ,:;
)
BE IT ORDAINED BY THE COUNCIL ,OF THE CITY OF VIRGINIA BEACH:
That Section 37-1 of the Code of Virginia Beach is amended and ~
to re~ as follows:
The following water line connection and installation fees shall
(a) Connection to a city water line (tap fee):
3/4" tap
111 tap
1-1/2" tap
2" tap
Tap in excess of 2"
$ 80.00
125.00
175.00
250.00
cost of labor
materials plu
of such cost.
.
(b) Property owners share of line installation cost fo',
installed after January 1, 1963, by city (line fee):
(1) Single-family residence
first 100' of frontage or portion thereof $4(
each foot of frontage in excess of 100'
(2) Apartments, per unit 12
(3) Trailers, per space 12
(4) Motels and hotels, per room ,lC
(5) Nursing and convalescent homes,
per room (calculated at 2 beds = 1 room) 1 \,
(6) Professional and office buildings,
per office lC
(This fee s.ha11 apply where individual professionc~
offices (doctors, dentists, lawyers, etc.) are specifical
delineated. 'Othcnlise, \\lhere office space is not so div:
into specific professional offices, including banks ami c
office areas, the fee shall be $100.00 per 600 square fe'.'
building area.)
(7) Retail stores and shopping centers, per
square foot of floor space
(8) Industrial manufacturing, wholesale and
distribution facilities domestic use fee
per square foot of floor space
\\'arehouse space or other related facili-
ties where square footage per employee
exceeds 400 square feet ratio domestic use
fee to be basetl on $ 200 per four employees ,;
the minimum fee shall be $200.
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(c)
Property owners share of line installation cost when water
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~
lines are instal1e~ in part by private parties and in part by the city, or by
6 ~
the city or county prior to January 1, 1963 (lin~ fee):
(2) . Apartments, per unit
$150.00
75.00
75.00
.~
(1) Single-family residences, each
(3) Trailers, per space
(4) .Motels and hotels, per room
(5) Nursing and convalescent homes,
per room
(calculated at 2 beds = 1 room)
75.00
75.00
(6) Professional and office buildings,
per office, or per 600 square feet,
as described in (b)-(6) 75.00
(7) Retail stores and shopping centers
per square foot of floor space 2-l/2~
(8) Industrial manufacturing, wholesale
and distribution facilities domestic
use fee per square foot of floor space 2-1/2~
Warehouse space or other related facil-
ities where square footage per employee
exceeds 400 square feet ratio domestic
use fee to be based on $50 per four
emp10yees.~ provided that the minimum fee shall be $200.
(d) Special line fee for seasonally operated camp site parks
connected to any city water main:
Per camp space
$55.00
Provided that to obtain such fee, the owner shall enter into a
contract with the city providing that at such future time that the camp park is
converted to year-round use, fees specified in <(b) - (3) or (c) - (3) shall become
applicable and the owner will pay the difference in such fees at time of conver-
sion to year-round use.
(e) Special line fee for industrial users of process water when
1111'"
connected to any city main:
Where process water is used, the line fee for the total
water used, both process and domestic, shall be based on the following schedule,
except that it shall not be less than provided under (b)-(8) or (c)-(8), which-
ever may be applicabl e.
o to 20,000 gallons per day = $150 per 400 gal.
20,001 to 25,000 gal/day = 30~/gal.
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25,001 to 50,000 gal/day = 22.5t/gal.
50,001 to 75,000 gal/day = llt/gal.
· All over 75,000 gal/day = 4'f/ gal. ..
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)In order to obtain this spe~ia~ rate, the owner shall pay
an original fee based on the estimated flow for the first year and shall enter
into a 'contract with the city wherein the owner shall agree to pay fees for addi-
tional flows not previously pa~d for as determined by annual average metered flow.
(f) In cases of complexes of buildings, and in cases not specifically
provided hereinabove, line fees shall, where feasible, be determined by the
equivalent number of residences at 400/gal/day and four persons each and in accord
with (b)-(l) and (c)-(l) as the case may be. Where such determination is not
feasible, the rate shall be determined by the Director of Community Services and
approved by City Council. In no case shall any line fee be less than that for
one single-family residence.
(g) No building permit shall be issued nor shall any water or sewer
tap be installed for any pr~perty until fees provided for in this section shall
.-
have been paid.
(h) In the case of existing contract agreements between owners and
the city regarding fees and waiver of fees, such agreements shall remain in
effect.
An errergency exists and
this ordinance shall be in full force and -effect
April l7
1972.
First Reading: APril IO, 1972
Second Reading: April l7, 1972
Adopted by the Council of the City of Virginia Beach on the l7thdayof
April
, 1972.
,..
ITEM #4487
8n motion by Councilman Dusch, seconded by Councilman Holland, and by recordec
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H.
Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved on first reading the following Ordinance to amend and
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ITEM #4488,
On motion by Councilman Dusch, seconded by Councilmari Cromwell, and by TC
vote as follows: ~ ~j'
Ayes: Councilmen Robert H. Callis, Jr., Rob~rt B. Cromwell, Jr., frank
.n~sch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
ilbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H.
,'lodes.
Nays: None
Absent: C9uncilman Floyd E. Waterfield, Jr.
City Council approved on first reading the following Ordinance to amend '
reordain Chapter 23 of the City Code by adding Section 23-52 relating to
massage salons, etc.:
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~
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 23 OF THE CODE OF THE CI1Y OF
VIRGINiA BEACH,BY ADDING SECTION 23-60
RELATING TO MASSAGE SALONS, TURKISH,
RUSSIAN OR MEDICATED BATHS AND TO
PROHIBIT ~~SSAGES OR BATHS ADMINISTERED
BY A PERSON OF THE OPPOSITE SEX
Requested by City Manager
~E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA :
That Chapter 23 of the Code of the City of Virginia Beach be
amended and reordained by adding Section 23-60 to read as follows: ~
MASSAGE SALONS, TURKISH, RUSSIAN OR MEDICATED BATHS
or baths administered by a person of the opposite sex:
It shall be unlawful for any establishment, regardless of
Massages
.
whether it is a public or private facility, to operate as a massage
salon, bath parlor, or any similar type business, where any physical
contact with the recipient of such services is provided by a person
,-'
of the opposite sex.
ThE section shall not apply to a physician, surgeon, chiropractor,
osteopath or physical therapist duly licensed by the.Commonwealth
of Virginia, or to a licensed nurse acting under the direct prescrip-
tion and direction of any such physician, surgeon, chiropractor or
osteopath. Also, this section shall not apply to barber shops or
beauty parlors in which massage is given to the scalp, the face, the
neck or the shoulders.
Any person who shall' violate the provisions of this section shall,
upon conviction thereof, be fined not more than one hundred dollars
($100.00), and each day's operation shall constitute a separate offense.
An emergency, is declared to exist, and this Ordinance shall be
.....'"
in full force and effect from date of passage.
First Reading: April l7, 1972
Second Reading: April 24, 1972
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 24th day of
April
, 1972.
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ITEM i:.t .tS9
On motion bv Councilman Ervin, seconded by Councilman ~l~:1lbon, and biy recorded
vote as follows:
Ayes.: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., frank A.
~lsch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice ~tayor Earl MoO Tebault" Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
"
Absent: Councilman Floyd E. Waterfield, Jr.
- ~)ty Council approved the following Ordinance 'closing a portion of Oak Street
1 Lynnhave~orough:
AN ORDINANCE CLOSING, VACATING
, AND DISCONTINUING A PORTION OF
OAK STREET IN THE CITY OF
VIRGINIA BEACH, VIRGINIA
"
WHEREAS, proper notice that OCH Corporation would
make application to the City Council of the City of Virginia
Beach, Virginia, to have the hereinafter portion of Oak Street
closed, vacated and discontinued as a public street of the City
of Virginia Beach was duly posted; and
WHEREAS, OCH Corporation is the owner of all lots
abutting said street and affected ,by the closure of said
street. All streets intersecting said Oak Street have
heretofore been closed by Ordinance of the Council of the City
of Virginia Beach on October 28, 1968. Said Oak Street was
not closed insomuch as it was to be incorporated in the
relocation of Edinburgh Drive. insomuch as Edinburgh Drive
has now been relocated, it is necessary to close said Oak S~reet;
and
WHEREAS, said applicatillnwas made to the City Planning
Commission and to the City Council and pursuant to the statutes
in such cases made and provided, the Council appointed Viewers
who have reported to the Council that no inconvenience to the
public or to private individuals would result from such closing,
vacation and disconti~uance; and
'f\l"
WHEREAS, the City Planning Commission after proper
notice and hearing, has reported thereon to the Council; and
WHEREAS, it is the judgment of the Council that said
portion of Oak Street should be closed, vacated and discontinued;
now therefore
..>_".__.~~,~:,~__-...e;....s.~.~~"..."",....""-~.:....__;.......:_._..-;."...;__~-.......L...-..-=-,,.'-'"__.........,..___"'........,"'-"")o._~__. _~.';~~T:..--""<"'."~_.;"t;'.o[,..'.S'...._...~&f.:..., ..r_-..-~'_~..,.___.....;,..riC_.....-..,.... ,....,,__:~o<::~...~._,........-,'y.f"!'_'f,-,...,.:,~, 1_, I.."i",~
~
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH," VIRGINIA:
.,,,,,,
Section 1. That the certain portion of said street
described as follows in the City of Virginia Beach, Virginia,
is hereby closed, vacated and discontinued as a public street
of the City of Virgi~ia Beach, Virginia, said certain porti~n
,
of said street not being needed for public use and travel:
All of Oak Street as lies between Taylor
Street and Washington Street between
Blocks 6 and 7 as shown on the Plat of
Grove1and Park recorded in the Clerk's
Office of the Circuit Court of the
City of Virginia Beach, Virginia, in
Map Book 5 at page 247.
Section 2. That 30 days after this date a copy of
this Ordinance, certified by the Clerk, be ~~read upon the
public records in the Clerk's Office of the Circuit Court of
this City and indexed in like manner as a deed to lands.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the
~7th
day of
April
1972.
ITEM #4490
he Virginia Beach Industrial bevelopment Authority requested City Council to
aive the procedure of referring the street closure to the Planning Commission
or their recommendations.
n motion by Councilman Cromwell, seconded by Councilman Holland, and by
ecorded vote as follows:
yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
usch, F. Reid Ervin, George R: Ferrell, Clarence A. Holland, D. Murray
lal bon, J. Curtis Payne, V-ice Mayor Earl M. Tebaul t, and Mayor Donald H.
~(Ides.
lays: None
,\,'Q.sent": Councilm;m Floyd E. Waterfield, Jr.
~ :y Council approved the following Ordinance appointing Viewers relative to
~lusing certain streets in the subdivision of Diamond Springs Gaiden in
layside Borough and waived the procedure of referring the street closure to
the Planning Commission for their recommendations:
....
I Ii
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.~
ORDINANCE APPOINTING VI~{ERS
WHEREAS, the City of Virgin!a Beach, Industrial Deve~opment
Authority, has _given due and proper no~ice, in accordance wit~ the
statutes for such cases made and provided, that it would on this
,day apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below described
.
property and report in writing to the Council whether, in the
opinion of said Viewers, any~ and if any, what inconvenience would
result from the discontinuing of the hereinafter described portions
of streets in the Bayside Borough of the City of Virginia Beach,
Virginia, and have filed such application with the said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGIN~A BEACH, VIRGINIA:
That,
Mr. W. W. Fleming, Jr~, Mr. Georgi L. Hanbury, and
I!I"<'! '
Mr. Charles C. Carrington
are hereby appointed to view the below described property and
report in writing to the Council on or before April 24, 1972,
,
. ,
~hether in their opinion, any, and if any, what inconvenience
would result from the discontinuing, closing and vacating of those
certain streets, or portions thereof, located in the Borough of
, ,
Bayside, City of Virginia Beach, Virginia, and described as follows:
ALEXANDRIA AVENUE from the west line of Baker Road
(as shown on the attached plat), west to its inter-
section and termination with LEE AVENUE and that
certain street entitled "Public Road" as appears
on that certain plat entitled "MAP OF DIAHOND
SPRINGS GARDE~S, Property of Follansbee Land
DevelopmeI),t Co. Scale: 1" = 100' MAY 1905
E. C. FORE~fAN, C.E." duly recorded in the Clerk's
Office, Circuit Court, City of Virginia Beach,
Virginia, in Map Book 3, at Page 27, a copy of
which is attached hereto.
,-
All that certain right of way designated as
"PUBLIC ROAD" (as appears on the hereinabove describ-
ed and attached plat of "Diamond Springs Gardens")
f~om a point thirty (30') feet east of the eastern
right of way line of Baker Road (designated "Bayside
Road" on the plat of "Diamond Springs Gardens") west to
its intersection with the southern right of way line of
ALEXANDRIA AVENUE extended.
'._______~"'~~'"__.I..'_' ....~-.d_i
.;' -"'
'.;
PLUM STREET from the southern right of way line of
that certain street designated "Public Road"
(hereinabove described) south to its intersection
~th ALEXANDRIA AVENUE.,
lito>
I:'
PEAR STREET from the southern right of way line of
that certain street designated "Public Road"
(hereinabove described) south to its intersection
with ALEXANDRIA AVENUE.
APPLE STREET from the southern right of way line of
that certain street designated "Public Road" (herein-
above described) south to its intersection with
ALEXANDRIA AVENUE.
All that certain right of way designated as "New
Road" on that certain plat of subdivision of
C. F. Hodgman property duly recorded in the aforesaid
Clerk' s Office in Map Book 2, at Page 4. .
:t...
~.;:;.. :...._."..'....... .:.:r"'~.~''''';?':==----
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ITEM #449l
On motion by Councilman Ferrell, seconded by Vice Mayor Tebault, and by
recorded vote as follows: .
Ayes: Councilmen Robert H. Callis, Jr.,
Dusch, F. Reid Ervin, George R. Ferrell,
Malbon, J. Curtis Payne, Vice Mayor Earl
~. .
Rhodes.
Robert B. Cromwell, Jr., FrankA.
Clarence A. Holland, D. Murray
M. T~bault, and Mayor Donald H.
I
Nays: None
Isent: Councilman Floyd E. Waterfield, Jr.
:I
o
,
..
City Council approved on first reading the following Ordinance to amend and
reordain Section 20-58.1 of the' City Code relating to a deduction for utility
services from the business rental license tax:
. ..
. '.':':"~:'~Y: .'~J.~~;.....ou:...-:..;... ...;.;.......~....c. ..
.:".. ...:~s:;.:---~.,...":.;:".:..~--:s~.Mit-:-::-:.~y..~..;,-,:"&'_..'... ,-:-,.,; "~'J-!:' 4:'.'7- _.. ,-:,'~~
ITE,M #4492
Mayor Rhodes announced the first meeting of the Commission of the Arts and
Humanities of the City of Virginia Beach to be held at Virginia Wesleyan
College tonight, April 17, 1972.
ITEM #4493
Mr. Owen Pickett appeared on behalf of Mr. Joseph M. New, applicant for
a certificate of public convenience and necessity to operate twe~ve taxicabs
in the City of Virginia Beach.
Mr. Dick Brydges appeared on behalf of the taxicab companies presently operatin
in the City of Virginia Beach in opposition to the application of Mr. New.
~~ motion by Councilman Ferrell, seconded by Councilman Callis, and by recorded
>te as follows:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor
Earl M. Tebault, and Mayor Donald H. Rhodes.
Nays: Councilman Robert B. Cromwell, Jr.
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the application of Mr. Joseph M. New for a certificate
of public convenience and necessity to operate twelve taxicabs in the City
of Virginia Beach, trading as the Coastal Cab Company. After Council approval,
the Chief of Police will process the application and issue the final permit.
ITEM #4494
On motion by Councilman Ferrell, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
.M~lbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H.
lodes.
'!'1ays: None
Absent: Councilman Floy~ E. Waterfield, Jr.
City Council approved the following Resolution for the construction of Princess
Anne Road from Parliament Drive to Newtown Road as an Urban Highway Project:
~
#
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- -.....' - .-0'"-- - -.- . - F-'__~._"-',_ - -.--~......_"'_,._.---.;c____""-"'--_-~""_,.~
'~
RES 0 L UTI 0 N
---------- .'
WHEREAS: The 'Department of Highways has indicated its wiil~hgness
j 0 ~
.- to initiate the improvement of Princess Anne Road (Route 165) in the
City of Virginia Beach; and
WHEREAS, the contemplated improvement is urgently needed and is
in consonance with the Southeastern Regional Master Transportation
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That, the Department of Highways and the Federal Bureau of Roads
are hereby requested to program the surveys, planning, acquisition
( ,
of right of way and construction of the improvement of Princess Anne
Road (Route l65) from parliament Drive to its intersection with
Newtown Road (Norfolk city line).
BE IT FURTHER RESOLVEO, that the City of Virginia Beach does
hereby agree to pay fifteen percent (15%) of all surve~, planning,
right of way, and construction costs of said project, and the necessary
funds are hereby appropriated for that purpose.
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach
agrees that if such project is established and Virginia Beach decides
at any time not to proceed turther with it, then, by this resolution,
Virginia Beach agrees to reimburse the Highway Department for lOa percent
J
.")
of the cost incurred for said project, up to the time of its abandonment.
.'"
ITEM #4495
l motion by Councilman Ervin, seconded by Councilman Malbon, and by recorded
'vote as follows:
Ayes: Councilmen Robert ,H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl. M. Tebault, and Mayor Donald H.
Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following Resolution for improvements to Virginia
Beach Boulevard from the Norfolk corporate line to London Bridge as a TOPICS
program project:
""'- . ....
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'R E SOL U T 1.0 N
WHEREAS, ,the Department of Hig~ways has indicated its willingness
(
to initiate the improvement of Virginia .Beach Boulevard (Ro~te '58)
and "a short portion of Independence Boulevard (Route 225) in the
city o~irginia Beach: and
wHEREAS, the contemplated improvement is urgently needed and
is in consonance with the.Southeastern Regional Master Transportation
Plan and will be funded through the TOPICS Program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That, the Department of Highways and the Federal Bureau of
Roads are hereby requested to program the acquisition of right of
way and construction of the improvement of Virginia Beach Boulevard
l' ~,
\, _~ (Route 58) from Newtown Road (Norfolk city line) to its intersection
with London Bridge Creek, and Independence Boulevard (Route 225)
from Virginia Beach Boulevard to Jeanne Street. To help ex~edite
this Project, a City consultant will prepare the necessary surveys,
individual plats and road plans to meet the necessary State require-
ments.
BE IT FURTHER RESOL\~D, that the City of Virginia Beach does
hereby agree to pay fifteen percent (15%) of all survey, planning,
,right of way and construction costs of said project, and the necessary
.funds are hereby appropriated for that purpose.
AND BE IT FURTHER RESOLVED, That the City of Virginia Beach
,
.
agrees that if such project is established and Virginia Beach
,~'
decides at any time not to proceed further with it, then, by this
resolution, Virginia Beach agrees to reimburse the Highway Depart-
ment for lOa percent. of the cost incurred for said project, up to
the time of its abandonment.
.,......." -"C~,.,,"~ ~....,-:;,' ~~,
:".'.....;.::~-c~~-':_'<_..:~:..::~;..~:'~~~::.'.:..a ~.:~'~-~;....::;;;::=~=-;~:=...._..-:,~~;~~z;~~~;-;"-..,~~~~ft"'::-O;"~~-=..~-:~.'".;"
.
ITEM #4496
On motion by Counciiman Holland, seconded by Councilman Dusch, and by recorded
vote as follows:
.
Ayes: Councilmen Robert H. Callis, Jr.,
]lusch, F. Reid Ervin, George R. Ferrell,
"'...1 bon, J. Curtis Payne, Vice Hayor Earl
)des .
.
Robert B. Cromwell, Jr.,' Frank A.
Cla~ence A. Holland, D. Murray
M. Tebault, and Mayor Donald H.
lays: None
~bsent: Co.uncilman Floyd E. Waterfield, Jr.
;ity Council approved a contract for the installation of a l2-inch water main
:0 serve the Georgia-Pacific plant at Price Street and Rouse Drive.
ITEM #4497
3n motion by Councilman Payne, seconded by Councilman Malbon, and by recorded
V"ote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Rob~rt B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl H. Tebault, and Mayor Donald H.
Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
..
.ty Council approved the extension of water mains to serve the property owners
.ong Little Island Road and Sand Bend Road, as the City has received signed
'ugreements for this service totaling $18,400 (76% of the estimated cost). The
estimated total cost.for this 'installation is $24,200.
--c~ ~'7 ~ ~-.~~7"'~;;;';,.~_~::.c_'~:"~~;;I.~
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ITHl #4498
On motion by Councilman Ferrell, se~onded by Councilman Dusch, and by recorded
vote as follows: '
Ayes: Councilmen Robert H. Callis, Jr., ,Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Vice Mayor Earl M. Teba~lt.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr. .
Abstain: Mayor Donald H. Rhodes.
6
, ,
~
,
..
ty Counci~pproved the follow~ng Resolut~on requesting the City of Norfolk
I make a connection and to furn1sh water through a proposed water system
~ocated at Timberlake, Section l, Kempsville Borough:
A RESOllJTION RJ"1QUESTING T"'rlE CITY OF j:roRFOLK TO
MAKE A COm::.mCTION AND TO FUHNISH \17ATER THROUGH A
PROPOSED ~mTER SYS~EM LOCATED AT
----
~E~, .-e~~TION l~~~~LE BOROUGH.
IN THE CI~Y OF VIRGINIA BEACRq FURTHER DESCRIBED
BELOW:
tmEREAS, it is proposed by the City of Virginia Baach~ Virginia, at
the request of Terry ~9~~~ation of Virginia
to extend, a proposed water main in accordance with the ey.isting contIact
between the City of Virginia B~ach and the City of Norfolk, in_,
-.:!'irnbe~:I.:9ke ~_ Se ct~b-Kemp~ yi11e !?orough
in the stIee~s listed as follows:
,
Name,of
street
---
Size of
-E...ipe
Lineal
Feet
No. of
~Hy'dY.'cmte
Timberlake Drive
10"
1
South Plaza Trail
1011
Aspen Court .
6"
'.411
Buckeye Court
6"
4"
Whitebeam Court
6"
411
Buttonwood Court
6"
4"
LOblolly Lane
8"
411
Tamarack Court
611
411
Cottonwood Court
611
411
,..' ?anoak Court
611
4"
Linden Court
611
411
'Weymouth Court
611
411
,.
2,792
1,483
1,055
728
750
576
210
465
402
333
975
70
470
468
, 620
586
150
296
995
607
185
296
2
1
1
1
2
1
1
2
'a U. as doscr ibed c.md shown on plan eni:itlcd _ _' ~.~ ~~v"~.!o1?me~:!:...!.lan
Timberlake - Section 1 . _~_. _ _'
~.;; Pl'el:~~;~~~-G by l>ln::,:~-b-a;;a Da-;gicr. Con"suiting Engil'lee:rs - Survcyor.s,
___~'!:~c:L~ov.._12_~71___ __ ~ __
... ....-, , . ---.... .
-_.,~..- . -<,- .~ -. .-., ~ ...~--.-.....,,-----
, -.'-........;.,..""~;' --..." ,-.; "... ,~,-_... ...~.-.....,.....~-,.....;............,;.--,_......-'._."..".
I i I ~
.:~...-'_=.:._<~'_:::~:~~:;,~..,._~:,:<~:~::-...:'i=::.:.:.:::.:::::.:- ;:~:--.:.--' _.:~::',c:;:::::==~::::.:.-.:::;..._,-,. "-::':;~~::::'7=:'~~::':::~~:;::'~,,:'::=;;::~~:':;~~:;;-:: .-::-:.::;~:.:~..;;.-::.~-:.:::-' ,..-- ~~,
NOW, THEREFORE, BE IT RESOLVED, that the City of Norfolk be and it
hereby, is, requested to make a connection of the proposed water mains
with the present mains of said City at the said designation, and upon
completion of the installation of the proposed mains, to supply water
to consumers residing thereon, itb~ing expressly understood and agreed
that the supplying of said water by the City of Norfolk shall be upon
and subject to the following terms and conditions: ,
. '
~
~ .
...
1. That the said water mains shall ~e installed in accordance with
the specifications of the said city of Norf~1k and to the satisfaction
of the Director of utilities of said City, at no cost to the City of
Norfolk. ~
2. That the water so supplied through said mains to consumers shall
be at the same rate now, or Qereafter, charged by the City of Norfolk to
consum~rs beyond the. limits of said City similarly situated.
3. That all ordinances of the City of Norfolk and all rules and
regulations of the Division of Water Supply of said City, now or here-
after adopted and put into effect, relating to the furnishing of water
shall apply to the supplying of water through the said proposed mains.-
4. That the said City of Norfolk shall be under no obligation to
furni~h more w~~ter than its distribution system as now laid, with the
press'Olre carried, ",i11 deliver into said mains, and if the said supply-
ing of \~ter shall not be in accordance with the standard service, the
said City of Norfolk shall not be held responsible ~n any way.
s. That in supplying water to consumers along the said proposed
mains, the City of Norfolk will supply the same only from its surplus
supply, and that in no event shall there be any obligation on the part of
said city to supply water 'to any consumers along the proposed mains at
any time when, in the judgement of' the Council of the said City of Norfolk,
the said 'City shall not hav~ sufficient supply for use '\tlithin its corporate
limits, or ~nenever the supplying of said woter shall interfere with the
Qischarge of the duty of said City to supply \~ter to its own inhabitants.
6.. That from and after the installation of the water mains and
hydrants they shall become the property of the City of Virginia Beach.
The City of Virginia Beach shall gX3nt to the City of Norfolk the right
to use such mains and hydrants for the supply of water, and further grants
to the City of Norfolk ready and reasonable access to them.
7. That for any fire hydrant installed at the ~equest of the City of
Vl~9inia Beach, a rental payment of One Hundred Dollars [$100.00) a year
for each hydrant shall be paid to the City 'of Norfo1ko
ilY TBE_CJPJ$IL O~a~h:fCit~~~~a
APPROVED:
ADOPTED
Beach, Virginia, ~~
_ , 19 /' ,.
IIl!Ol'"
.,.
~?uuf( ~~
ATTESTE~
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II i 1-1J
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,ITEM /#4499
On motion by Councilman Ferrell, seconded by Councilman Holland, and by
recorded vote as, follows:
Ayes: Councilmen Robert H. Callis, Jr.,
Dusch, F. Reid Ervin, George R. Ferrell,
Malbon, J. Cu,rtis Payne, Vice Mayor ,Earl
Rhodes.
Robert H. Cromwell, Jr., Frank A.
Clarence A. Holland, D. Murray
M. T~bault, and Mayor Donald I!.
I.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
,
6
City Council authorized the City Manager to sign an agreement for water and
sewer for Fairfield, Section Seven Subdivision.
"
ITEM #4500
On motion by Councilman Payne, secorided by Councilman Dusch, arid by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Mayor Donald H.
Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following Resolution requesting the DepartDent of
Army, Norfolk District, Corps of Engineers, to proceed with the proposed pla
for the improvement of drainage from the eastern branch of the Lynnhaven Riv
to North Landing River, known as Canal No.2:
;,' :J;he regular meeting 'of -the 'Council of the, ci'ty ,of. "Virgirlia .. ,
Beach, Virginia, was held in the Council Chambers or'the Administration
Building of the City on April; 17, 1972, at 10:00 o'c'lock A.M.
On motion by Mr. pay:ne - and seconded by Mr. Dusch
the following resolution .wa~~.',~~~imouslyad:opted. .!
,
i
6
I
..
.
.
RES 0 L UTI ON
----~-----
\.,
11#\
WHEREAS, the city of virgi~ia Beach has requested the
Department of the Army" Norfolk District, Corps of Engineers,
to proceed with the proposed ~lan for the improvement of drainage
from the eastern branch of the Lynnhaven River, to North Landing
" River, known as Canal No.2; and
WHEREAS, in order to provide for the satisfactory runoff
and disposal of flood waters within the boundaries of the city
,of Virginia Beach; and l
!
WHEREAS, to provide against loss due to flooding and to
reclaim,certain areas of the City for productiv~ uses. I
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF 'l'HE elm:',
" OF VIRGINIA BEACH, VIRGI:NIA:
The following co~"itments of local cooperation:
/' A. Provide without cost to the United States all land,
~ easements and right of way necessary for construction of the
, project.
f~
, ....c_-,,)I..;<_,I.,~,jI'
.. ;;~-'-~'~~';7' .:.cB~'----;;:L:;o;:;id-~:' ~(--:~.u.: t cos t<-~o' 'the '\~l~';~ ~ed-s~a,~,(;;q, ~I-i" refZ':"-"';'--=-"'~" ,
\"./'j, cations and local betterments required 'for the proj~ct. \ '
,
I'
I:. C. Hold and save the United States free from damages due
II' .
I: to' construct ion works.
Ii D. Maintain and operate all the project works after com-
I ' ., .
I ,plation in ac~ordance with regulations prescribed by the Secretary
I' of the Army.
\ ' E. Provide a cash cont_~Jput~9.I!__~~_~_~_~.2.3.%- of the federal
: estimated cost of ;onstruction. The .final contribution to be
I
L: determined when actual costs are known and final cost appo,rtionroent
I'
!;' is est~ished. I'
i:' F.. Maintain that a portion 'of the existing channel which
:, is circUmvented hy the new channel is essentially the same
: dimensions as they were in De'cernber, 1970. .'
G. control future flood d~ages and hazards along the ap-
proved canal by enforcement of ordinances which permit only uses
, I of the flood plain which are consistent with the flood hazard
considering the fact the flood plain may be inundated to various
degrees of floods ranging in size from those likely to occur less
. often than once everyone .hundred years or an average to the
. standard project flood.
.,# ITEM #4501
,
On motion by Councilmari Payne, seconded by Vice Mayor Tebault, and by recorde
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank,A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murr3Y
....., Malbon, J. Curtis Payne, Vice Mayor Earl M. T~baul t, and Mayor Donald [I.
Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, ,Jr.
i
o
City Council noted its intention to hold a closed meeting on Thursday, ,\Dril
1972 and AP!il 24, 1972, for the purpose of discussing items permi tt,eci far
discussion under the Freedom of Information Act of the Commonwealth or \'irgin
ITEM #4502
Mr. Scott made a report to City Council indicating the new policy of the Stat
Health Department, which stipulates that no health official should gi\'c a bla
approval to any particular lot for the installation of sewer as cert3in con-
ditions over the years might result in the'percolation test being poorer;
it. is to be noted that each lot must be reviewed upon construction as to soil
percolation. It was further indicated that even though all of the lots in a
subdivision might not meet percolation requirements, health officials ~hould
still put their approval on these plats as each lot is to be considered on it
own merits.
C~ty Council expressed their concern regarding this policy and requested the
- CIty'S Department of Consumer Protection to check into this matter as to
whether or not a requirement can be placed upon the developers to st2tC on
their plats this policy of each individual lot requiring a percolation test
''''' when cons truction begins.
ITEM #4503
'\ (I.-fz lJ
. Webbon, City Cler
t j
City of Virginia Beach,
Virginia
Councilman Ferrell, seconded by Councilman Du~ch, the meeting
k~~ /P;e~
Donald H. Rhodes, Mayor
^__..:"., ,n,.,....,